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Patent Office Report Finds Division on Patent Eligibility Law

June 28, 2022, 4:27 PM

A new study from the US Patent and Trademark Office finds a split among practitioners on whether the current state of patent eligibility jurisprudence is tenable.

Courts have struggled to apply a string of Supreme Court decisions issued from 2010 to 2014 that nixed patent eligibility for abstract ideas or naturally occurring events,according to the report released Tuesday. Companies facing costly litigation related to “overbroad” patents, generally in the software field, support the status quo, the PTO found, while startups and life-sciences companies said that the current application of the law limits patent rights and is a barrier to investment ...